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Circular No. 05/2013/TT-BCT dated February 18, 2013

Circular No. 05/2013/TT-BCT dated February 18, 2013 of the Ministry of Industry and Trade prescribing on temporary import business activities for re-export of a number of commodity kinds

THE MINISTRY OF INDUSTRY AND TRADE
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No.: 05/2013/TT-BCT

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Hanoi, February 18, 2013

 

 

CIRCULAR

PRESCRIBING ON TEMPORARY IMPORT BUSINESS ACTIVITIES FOR RE-EXPORT OF A NUMBER OF COMMODITY KINDS

 

 

Pursuant to the Government's Decree No. 95/2012/ND-CP, of November 12, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to to the Government's Decree No. 12/2006/ND-CP, of January 23, 2006 detailing the implementation of the implementation of the commercial law with respect to international purchases and sales of goods; and agency for sale and purchase, processing and transit of goods involving foreign parties;

In furtherance of directions of the Prime Minister in the Directive No. 23/CT-TTg, of September 07, 2012 of the Prime Minister on strengthening state management for temporary import business activities for re-export, border-gate transfer and sending in bonded warehouses;

The Minister of Industry and Trade promulgates the Circular prescribing temporary import business activities for re-export of a number of commodity kinds as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular prescribes temporary import business activities for re-export, including activities of sending goods from foreign countries in bonded warehouses for export or re-export passing bordering provinces.

2. Goods of temporary import business for re-export in the scope of regulation of this Circular include:

a) Goods in List specified in Article 3 of this Circular.

b) The used goods in List banned from export, banned from import, temporarily suspended for export, temporarily suspended for import as prescribed in the Decree No. 12/2006/ND-CP, of January 23, 2006 detailing the implementation of the implementation of the commercial law with respect to international purchases and sales of goods; and agency for sale and purchase, processing and transit of goods involving foreign parties but not in Annex II promulgated together with this Circular (hereinafter abbreviated to List of used goods).

3. The business activities of goods border-gate transfer in Scope of regulation of this Circular are not entitled to implement through road border-gates.

Article 2. Subjects of application

1. This Circular applies to Vietnamese traders (hereinafter abbreviated to traders) doing temporary import business for re-export of goods specified in clause 2 Article 1 of this Circular to re-export passing bordering provinces; relevant agencies, organizations and individuals.

2. Traders with foreign investment capital shall comply with commitments related to the Vietnam’s acceding to the World Trade Organization (WTO).

Chapter 2.

PROMULGATION OF LIST OF A NUMBER OF COMMODITY KINDS

Article 3. List of a number of commodity kinds

To promulgate together with this Circular Lists of goods below:

1. Goods banned temporary import business for re-export and border-gate transfer (Annex I).

2. Goods temporarily suspended from temporary import business for re-export, border-gate transfer and sending in bonded warehouses (Annex II).

3. Goods being frozen foods of temporary import business for re-export (Annex III).

4. Goods subject to excise tax (Annex IV).

Chapter 3.

GRANT OF CODE NUMBER OF TEMPORARY IMPORT BUSINESS FOR RE-EXPORT OF GOODS

Article 4. Temporary import business for re-export of frozen foods

Traders doing temporary import business for re-export of frozen foods of Annex III promulgated together with this Circular must satisfy the following conditions:

1. To be established before at least two (2) years and had activities of export, import or temporary import for re-export of goods.

2. There is a deposit amount as VND 5 billion (five billion Vietnam dong) at the State Treasury of central-affiliated cities and provinces where traders locate their storages as prescribed in clause 3 this Article.

3. There are storing areas in service for temporary import business for re-export. Specifying:

YÊU CẦU DỊCH VỤ/TƯ VẤN

CÔNG TY LUẬT KHAI PHONG
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